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JOHNSON v. BLACKBURN

No. 97-1414.

220 Wis.2d 260 (1998)

582 N.W.2d 488

Joel James JOHNSON, Plaintiff-Appellant-Cross-Respondent, Bryana HARKINS, Plaintiff-Co-Appellant-Cross-Respondent, v. James R. BLACKBURN, Elaine M. Blackburn, and Germantown Mutual Insurance Company, Defendants-Respondents-Cross-Appellants, Diane MULLINS, Stoney Mullins, DEF Insurance Company, Marylyn Smith, and GHI Insurance Company, Defendants. Joel James JOHNSON, as Special Administrator of the Estate of Joel James Johnson, Jr., Plaintiff-Appellant-Cross-Respondent, v. James R. BLACKBURN, Elaine M. Blackburn, and Germantown Mutual Insurance Company, Defendants-Respondents-Cross-Appellants, Diane MULLINS, Stoney Mullins, DEF Insurance Company, Marylyn Smith, and GHI Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided May 27, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Jerald P. Donohue of Donohue, Sharpe & Casper, S.C. of Fond du Lac.

On behalf of the plaintiff-co-appellant-cross-respondent, the cause was submitted on the briefs of Timothy J. Aiken and James C. Gallanis, of Aiken & Scopter, S.C. of Milwaukee.

On behalf of the defendants-respondents-cross-appellants, the cause was submitted on the briefs of Elizabeth V. Pavlick, of Sager, Pavlick, Wirtz & Fry, S.C. of Fond du Lac.

A nonparty amicus curiae brief of Civil Trial Counsel of Wisconsin and Wisconsin Insurance Alliance was filed by Thomas A. Lorenson of Colwin & Lorenson, S.C. of Fond du Lac.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Joel James Johnson, Jr., a minor, was killed and Bryana Harkins, also a minor, was seriously injured in a fire which occurred at rental property owned by James R. and Elaine M. Blackburn. In these consolidated actions, Joel's estate and Bryana seek damages resulting from the fire. In addition, Joel's father, Joel James Johnson, seeks damages for Joel's wrongful death. For purposes of this opinion, when we refer to the children's claims, we also include...

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